APS was called by the doctor for negligence. Mother in law passed away (she had cancer) before a restraining order could be served. Now the caregiver is saying she has the right to stay in her home. In Oregon, is she truly a tenant, or an employee who needs to go? She paid no rent, and was paid $1500.00 a month in addition to room and board and her stay was contingent on care. She was never given a key to the home. Do we have to evict her?

24 Answers

I'm not sure of the legalities but IMO it is unreasonable to expect anyone to vacate their home with only 1 days notice - if she was living in she likely has no where else to go. Keep it professional and above board (if you are unable to stomach this then keep yourself at arms length), serve her with a reasonable notice of termination and time to vacate, the more helpful you are the less apt she is to put up roadblocks and the sooner everything can be resolved.

In the absence of a restraining order, was the caregiver continuing to provide care?

The first question may be important in determining the caregiver's rights. With two and three, I'm just trying to get a picture of what was going on.

When APS are so minded, they can intervene immediately, you see. So it's difficult for outsiders to know whether this caregiver was so grievously at fault she deserves to be slung out bag and baggage after however many weeks', months' or years' service, or there has been a falling-out and the family is keen to see the back of her, or somewhere in between.

In any case I'm sorry for your loss, and sorry for the heightened tension which must be very difficult for everybody.

Agree with CW, one day to vacate the premises is too much to ask. This was her home too. Yes, you probably have to evict her but I would start by giving her written notice to vacate in thirty days. State of Oregon may even require more notice. The sheriff's department here has eviction kits. They can help you.

And I sure hope this person was paid in compliance with state and federal law. This could become quite the legal mess if paid under the table.

Invest in the money and hire a locksmith to change all the locks- even though she wasn't officially given a key, good chance she had one made at some point. Small price to pay for knowing she has no legal way in to the house.

I cant speak specifically to Oregon law but when I was a live in care giver I was allowed to remain in the home for 3 months after the home owner passed. It was, after all, the caregivers home as well. Perhaps your grief is clouding your vision?

Go to County Courthouse. They will have a free law library. The librarian can not give legal advice but can show you where to find ALL relevant laws, regulations, forms. NOLO is also a great publisher for readable legal information! I would definitely get someone in the house, to stay there and guard the property. Provide her information on places affordable with immediate occupancy.

Note that no deposit was made! There was no Co-habitation ( no romantic relationship) involved. It may be worth helping with a deposit as final bonus to facilitate her quick move....cheaper than court!

Has there been a confrontation. Threats to you, tantrums, damage to the home? What was the nature of APS complaint. I have rented rooms in my house previously. Help with housekeeping and yard was part of rent, at option of the person, so lower rent/more access to use of kitchen, etc. I had house rules. One woman kept breaking them. Coming in high. Brought a make friend in "to talk" with my OK, then left for work with this stranger still in my house. Leaving food in room, stashed behind bedding, door open, endangering my dog, etc.

I gave her warning. The next time she became threatening and enraged I called the police, and they removed her immediately!

People are saying 30 days notice... assuming it was a month to month arrangement. Did you pay her monthly or weekly. If weekly, it is a week to week arrangement and you need to only give her a week.

Do Take All Valuables and items of personal importance out of the house. You can remove food family purchased, towels, linens, pots , pans, dishes, toiletries, anything not listed in a contract as being provided for her use.

It is worth the price of a storage unit. You can also have family or trusted friend move into your mom's room or a spare room until the house is vacated.The fact that she did not have a key is a relavent factor. A Tennant has a key, a worker or guest not necessarily.

Please check these two references. I searched "Oregon law regarding termination of living help for Elder services".

First a find and print Oregon State Bar Elder Law Newsletter, Volume 6, Number 1, Winter 2003. Great Information! Try this link ( or Google it)!Www.Oregon State Bar/elderlaw /elder_win03.pdf

Then 72 hour notice, 4 days to vacate rule:For nonpayment of rent, the landlord should use a 72 Hour Oregon Eviction Notice, which can be served only after the rent is more than 7-days overdue. A lease agreement may allow the landlord to give 144 hours notice to pay rent or move if the rent is more than 4-days overdue.

This took me minutes to find with that Google search. Avoid anything that is an Ad!

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